Amendment ASA1-AB133

AB133-ASA1, s. 929m Section 929m. 39.51 (10) of the statutes is renumbered 45.54 (10).

AB133-ASA1, s. 930m Section 930m. Subchapter V of chapter 39 [precedes 39.81] of the statutes is created to read:

AB133-ASA1,523,5 chapter 39 Subchapter V public broadcasting

AB133-ASA1,523,6 39.81 Definitions. In this subchapter:

AB133-ASA1,523,7 (1) "Association" means the Wisconsin Public Radio Association.

AB133-ASA1,523,8 (2) "Broadcasting corporation" means the corporation specified in s. 39.82 (1).

AB133-ASA1,523,10 (3) "Corporate board" means the board of directors of the broadcasting corporation.

AB133-ASA1,523,11 (4) "Foundation" means the Wisconsin Public Broadcasting Foundation.

AB133-ASA1,523,15 (5) "Friends group" means a nonstock, nonprofit corporation described under section 501 (c) (3) or (4) of the Internal Revenue Code and exempt from taxation under section 501 (a) of the Internal Revenue Code that is organized to raise funds for a public broadcasting television station in this state.

AB133-ASA1,523,16 (6) "Secretary" means the secretary of administration.

AB133-ASA1,523,17 (7) "Transitional board" means the public broadcasting transitional board.

AB133-ASA1,523,19 39.82 Transitional board duties. The transitional board shall do each of the following:

AB133-ASA1,523,22 (1) Draft and file articles of incorporation for a nonstock corporation under ch. 181 and take all actions necessary to exempt the corporation from federal taxation under section 501 (c) (3) of the Internal Revenue Code.

AB133-ASA1,524,3 (2) Draft bylaws for adoption by the corporate board under s. 181.0206 (2). The bylaws shall specify the method for designating or appointing the directors of the corporate board. No later than March 15, 2000, the transitional board shall submit a report to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that includes and describes the bylaws drafted under this subsection.

AB133-ASA1,524,6 (3) Prepare an application for submission by the corporate board to the federal communications commission to transfer all broadcasting licenses held by the educational communications board to the broadcasting corporation.

AB133-ASA1,524,8 (4) Negotiate an agreement with the association for the transfer to the broadcasting corporation of funds raised by the association.

AB133-ASA1,524,10 (5) Negotiate an agreement with each friends group in this state for the transfer to the broadcasting corporation of funds raised by the friends group.

AB133-ASA1,524,13 39.83 Transitional plan. (1) The secretary of administration shall, after consulting with the corporate board, prepare a plan for submission to the joint committee on finance that specifies each of the following:

AB133-ASA1,524,15 (a) The transfer of the unencumbered balances of the appropriations to the educational communications board to the broadcasting corporation.

AB133-ASA1,524,17 (b) The transfer of positions and related funding from the educational communications board to the department of administration.

AB133-ASA1,524,18 (c) The transfer of assets under s. 39.87 (2) to the broadcasting corporation.

AB133-ASA1,525,2 (2) If the cochairpersons of the joint committee on finance do not notify the secretary of administration within 14 working days after the date of submittal of the plan under sub. (1) that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented as proposed. If, within 14 working days after the date of submittal of the plan under sub. (1), the cochairpersons of the committee notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the plan may be implemented only upon approval of the committee.

AB133-ASA1,525,6 (3) If the joint committee on finance approves a transfer of unencumbered balances specified in sub. (1) (a) and (b), the joint committee on finance shall transfer the unencumbered balances to the appropriation accounts under ss. 20.218 (1) (a) and 20.505 (1) (c) and (kv).

AB133-ASA1,525,9 39.84 Duties of broadcasting corporation. The broadcasting corporation shall do each of the following as a condition for receiving state aid under s. 20.218 (1) (a):

AB133-ASA1,525,14 (1) Maintain a state system of radio broadcasting for the presentation of educational, informational and public service programs, formulate policies regulating the operation of such a state system and coordinate the public radio activities of the various educational and informational agencies, civic groups, and citizens having contributions to make to the public interest and welfare.

AB133-ASA1,525,17 (2) Protect the public interest in educational television by maintaining educational television channels reserved for this state and take such action as is necessary to preserve such channels in this state for educational use.

AB133-ASA1,525,21 (3) Maintain a comprehensive state plan for the orderly operation of a statewide television system for the presentation of noncommercial instructional programs that will serve the best interests of the people of the state now and in the future.

AB133-ASA1,525,24 (4) Work with the educational agencies and institutions of the state as reviewer, adviser and coordinator of their joint efforts to meet the educational needs of the state through radio and television.

AB133-ASA1,526,3 (5) Furnish leadership in securing adequate funding for statewide joint use of radio and television for educational and cultural purposes, including funding for media programming for broadcast over the state networks.

AB133-ASA1,526,7 (6) Lease, purchase or construct radio and television facilities for joint use with state and local agencies, including facilities such as broadcast network and production facilities, network interconnection or relay equipment, mobile units, and other equipment available for statewide use.

AB133-ASA1,526,9 (7) Maintain radio and television transmission equipment in order to provide broadcast service to all areas of this state.

AB133-ASA1,526,12 (8) Establish and maintain a continuing evaluation of the effectiveness of the joint efforts of all participating educational institutions in terms of jointly established goals in the area of educational radio and television.

AB133-ASA1,526,16 (9) Act as a central clearinghouse and source of information concerning educational radio and television activities in this state, including the furnishing of such information to legislators, offices of government, educational institutions and the general public.

AB133-ASA1,526,19 (10) Provide educational programming for elementary and secondary schools in this state and transmit public radio and television to remote and underserved areas of the state.

AB133-ASA1,526,21 39.85 State aid. (1) The broadcasting corporation may receive state aid under s. 20.218 (1) (a) if each of the following is satisfied:

AB133-ASA1,527,2 (a) The articles of incorporation state that the purpose of the broadcasting corporation is to provide public broadcasting to this state and that, if the broadcasting corporation dissolves or discontinues public broadcasting in this state, the broadcasting corporation shall in good faith take all reasonable measures to transfer or assign the broadcasting corporation's assets, licenses and rights to an entity whose purpose is to advance public broadcasting in this state.

AB133-ASA1,527,4 (b) The broadcasting corporation initially adopts the bylaws drafted by the transitional board under s. 39.82 (2).

AB133-ASA1,527,8 (c) The broadcasting corporation permits public inspection and copying of any record of the corporation, as defined in s. 19.32 (1), to the same extent as required of, and subject to the same terms and enforcement provisions that apply to, an authority under subch. II of ch. 19.

AB133-ASA1,527,11 (d) The broadcasting corporation provides public access to its meetings to the same extent as is required of, and subject to the same terms and enforcement provisions that apply to, a governmental body under subch. V of ch. 19.

AB133-ASA1,527,15 (e) The broadcasting corporation provides the secretary of administration or his or her designee and the employes of the legislative audit bureau and the legislative fiscal bureau with access to all of the broadcasting corporation's records, as defined in s. 19.32 (2), except records identifying the names of private donors.

AB133-ASA1,527,20 (f) The broadcasting corporation carries out any obligation of the educational communications board under any contract entered into by the educational communications board that relates to the provision of public broadcasting in this state until the contract is modified or rescinded by the broadcasting corporation to the extent allowed under the contract.

AB133-ASA1,527,22 (2) The secretary of administration shall pay aid under s. 20.218 (1) (a) to the broadcasting corporation in instalments, as determined by the secretary.

AB133-ASA1,528,4 39.86 Broadcasting corporation reports. (1) No later than September 15 of each even-numbered year, in the form and content prescribed by the department of administration, the broadcasting corporation shall, as a condition of receiving state aid under s. 20.218 (1) (a), prepare and forward to the department of administration and to the legislative fiscal bureau all of the following information regarding each program administered by the broadcasting corporation for which the broadcasting corporation is requesting state aid:

AB133-ASA1,528,5 (a) A clear statement of the purpose or goal for each program.

AB133-ASA1,528,8 (b) Clear statements of specific objectives to be accomplished and, as appropriate, the performance measures used by the broadcasting corporation to assess progress toward achievement of these objectives.

AB133-ASA1,528,10 (c) Proposed plans to implement the objectives specified in par. (a) and the estimated resources needed to carry out the proposed plans.

AB133-ASA1,528,12 (d) A statement of legislation required to implement proposed programmatic and financial plans.

AB133-ASA1,528,14 (e) Any other fiscal or other information that the secretary of administration or the governor requires on forms prescribed by the secretary of administration.

AB133-ASA1,528,18 (2) No later than December 1 of each year, the broadcasting corporation shall, as a condition of receiving state aid under s. 20.218 (1) (a), submit a report to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that describes each of the following:

AB133-ASA1,528,21 (a) Any use of state aid received by the broadcasting corporation for serving educational communities, diverse populations and rural and remote areas of the state, including a detailed itemization of the use of state aid.

AB133-ASA1,528,23 (b) Any progress in advancing the transition to digital television and radio, distance education and other technological innovations.

AB133-ASA1,528,25 (c) The status of federal funding, private donations, other private fund raising and any financially beneficial partnerships.

AB133-ASA1,529,2 (d) The status of the broadcasting corporation's efforts to satisfy the duties specified in this subchapter.

AB133-ASA1,529,6 (3) This section does not apply unless the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation.

AB133-ASA1,529,9 39.87 Transfer provisions. (1) Definitions. In this section, "state office building" means the state office building located at 3319 West Beltline Highway in Dane County.

AB133-ASA1,529,13 (2) Assets. (a) If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation, each of the following applies:

AB133-ASA1,529,20 1. Any asset of the state, other than the state office building and the assets specified in subd. 3., that is used by the educational communications board and that, as determined by the secretary of administration, is not a shared asset, as defined in s. 16.26 (1) (b), is transferred, subject to the approval of the joint committee on finance under s. 39.83 (2), to the broadcasting corporation. A transfer under this subdivision shall take effect on on the effective date of the last license transferred as determined by the secretary of administration under s. 39.88 (2).

AB133-ASA1,529,24 2. Subject to the approval of the joint committee on finance under s. 39.83 (2), the secretary of administration shall transfer title to the state office building from the state to the broadcasting corporation if the broadcasting corporation pays $476,228 to the foundation or the foundation waives such payment.

AB133-ASA1,530,4 3. The assets of the state that, as determined by the secretary of administration, are used by educational communications board for the operation of an emergency weather warning system are transferred to the department of administration.

AB133-ASA1,530,6 (b) Any asset transferred under par. (a) 1. or 2. shall revert to the state if the asset is not used for the purpose of providing public broadcasting.

AB133-ASA1,530,13 (3) Educational communications board funds. Subject to the approval of the joint committee on finance under s. 39.83, if the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation, each of the following applies on the effective date of the last license transferred as determined by the secretary of administration under s. 39.88 (2):

AB133-ASA1,530,17 (a) To the appropriation account under s. 20.218 (1) (a), there is transferred the unencumbered balance of the appropriation accounts under s. 20.225 (1) (a), (b), (d), (eg), (er) and (f), except for the unencumbered balance of the appropriation accounts that are otherwise transferred under sub. (4).

AB133-ASA1,530,22 (b) To the appropriation account under s. 20.505 (5) (i), there is transferred the unencumbered balance of the appropriation account under s. 20.225 (1) (kb) and the amounts in the schedule for the appropriation account under s. 20.505 (5) (i) are increased by the amount transferred from the appropriation account under s. 20.225 (1) (kb).

AB133-ASA1,531,2 (c) To the appropriation account under s. 20.505 (1) (kv), there is transferred the unencumbered balance of the appropriation accounts under s. 20.225 (1) (g), (h), (k) and (m), and, to the extent allowed under federal law, the secretary of administration shall pay the broadcasting corporation a grant equal to the amount of the unencumbered balance of the appropriation account under s. 20.505 (1) (kv).

AB133-ASA1,531,12 (4) Positions. If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation, all positions authorized for the educational communications board and the incumbent employes holding the positions are transferred to the department of administration. Employes transferred under this subsection have all rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes that they enjoyed in the educational communications board. Notwithstanding s. 230.28 (4), no employe so transferred who has attained permanent status in class may be required to serve a probationary period.

AB133-ASA1,531,18 (5) Duties of former educational communications board employes. All employes transferred to the department of administration under sub. (4) shall provide broadcasting services to the broadcasting corporation under a contract between the department of administration and the broadcasting corporation for such services. The contract shall provide that the services are to be provided to the broadcasting corporation at no charge to the broadcasting corporation.

AB133-ASA1,531,20 39.88 License transfer determination. The secretary shall determine each of the following:

AB133-ASA1,531,23 (1) Whether the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation.

AB133-ASA1,532,2 (2) If the secretary determines that the federal communications commission has approved the transfer of all the broadcasting licences specified in sub. (1), the effective date of the transfer of the last license transferred to the broadcasting corporation.

AB133-ASA1, s. 930t Section 930t. 40.02 (17) (g) of the statutes is repealed.

AB133-ASA1, s. 930v Section 930v. 40.02 (17) (gm) of the statutes is created to read:

AB133-ASA1,532,11 40.02 (17) (gm) Any assistant district attorney in a county having a population of 500,000 or more who did not have vested benefit rights under the retirement system established under chapter 201, laws of 1937, who became a participating employe on January 1, 1990, and who is a participating employe on the effective date of this paragraph .... [revisor inserts date], shall receive creditable service for the total period of his or her service under the retirement system established under chapter 201, laws of 1937.

AB133-ASA1, s. 931 Section 931. 40.02 (28) of the statutes is amended to read:

AB133-ASA1,532,20 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state and any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, except as provided under ss. 40.51 (7) and 40.61 (3), or a local exposition district created under subch. II of ch. 229 or a family care district created under s. 46.2895. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

AB133-ASA1, s. 932 Section 932. 40.02 (36) of the statutes is amended to read:

AB133-ASA1,533,5 40.02 (36) "Governing body" means the legislature or the head of each state agency with respect to employes of that agency for the state, the common council in cities, the village board in villages, the town board in towns, the county board in counties, the school board in school districts, or the board, commission or other governing body having the final authority for any other unit of government, for any agency or instrumentality of 2 or more units of government, for any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more or, for a local exposition district created under subch. II of ch. 229 or for a family care district created under s. 46.2895.

AB133-ASA1, s. 935 Section 935. 40.02 (48) (am) of the statutes is amended to read:

AB133-ASA1,533,17 40.02 (48) (am) "Protective occupation participant" includes any participant whose name is certified to the fund as provided in s. 40.06 (1) (d) and (dm) and who is a conservation warden, conservation patrol boat captain, conservation patrol boat engineer, conservation pilot, conservation patrol officer, forest fire control assistant, member of the state traffic patrol, state motor vehicle inspector, police officer, fire fighter, sheriff, undersheriff, deputy sheriff, state probation and parole officer, county traffic police officer, state forest ranger, fire watcher employed by the Wisconsin veterans home, state correctional-psychiatric officer, excise tax investigator employed by the department of revenue, special criminal investigation agent in the department of justice, assistant or deputy fire marshal, or person employed under s. 61.66 (1).

AB133-ASA1, s. 936 Section 936. 40.02 (48) (b) 4. of the statutes is created to read:

AB133-ASA1,533,23 40.02 (48) (b) 4. A "member of the state traffic patrol" includes one division administrator in the department of transportation who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol, if the division administrator is certified by the law enforcement standards board under s. 165.85 (4) (b) 1. as being qualified to be a law enforcement officer.

AB133-ASA1, s. 938d Section 938d. 40.03 (6) (a) 2. of the statutes is amended to read:

AB133-ASA1,534,6 40.03 (6) (a) 2. May, wholly or partially in lieu of subd. 1., on behalf of the state, provide any group insurance plan on a self-insured basis in which case the group insurance board shall approve a written description setting forth the terms and conditions of the plan, and may contract directly with providers of hospital, medical or ancillary services or long-term care to provide insured employes with the benefits provided under this chapter.

AB133-ASA1, s. 938h Section 938h. 40.03 (6) (h) (intro.) of the statutes is renumbered 40.03 (6) (h) and amended to read:

AB133-ASA1,534,10 40.03 (6) (h) Shall, on behalf of the state, offer as provided in s. 40.55 long-term care insurance policies, subject to the following conditions:.

AB133-ASA1, s. 938i Section 938i. 40.03 (6) (h) 1. of the statutes is repealed.

AB133-ASA1, s. 938j Section 938j. 40.03 (6) (h) 2. of the statutes is repealed.

AB133-ASA1, s. 939m Section 939m. 40.04 (9) of the statutes is amended to read:

AB133-ASA1,534,25 40.04 (9) Separate group health, long-term care, income continuation and life insurance accounts, and additional accounts for any other type of insurance provided under this chapter shall be maintained within the fund, to which shall be credited moneys received from operations of the respective group insurance plans for insurance premiums, as dividend or premium credits arising from the operation of the respective insurance plans and from investment income on any reserves established in the fund for the respective insurance plans. Premium payments to insurers, any insurance benefit to be paid directly by the fund and reimbursements of 3rd parties for benefits paid on behalf of an insurance plan shall be charged to the corresponding account established for that benefit plan. This subsection shall not be construed to prohibit the direct payment of premiums to insurers when appropriate administrative procedures have been established for direct payments.

AB133-ASA1, s. 939t Section 939t. 40.05 (2) (bz) of the statutes is created to read: